Twin Hills Gasoline Co. v. Bradford Oil Corp.
| Decision Date | 19 November 1919 |
| Docket Number | 2853. |
| Citation | 264 F. 440 |
| Parties | TWIN HILLS GASOLINE CO. v. BRADFORD OIL CORPORATION. |
| Court | U.S. District Court — Eastern District of Oklahoma |
L. L Cowley, of Okmulgee, Okl., for plaintiff.
Ramsey De Meules, Rosser & Martin, of Muskogee, Okl., for defendant.
In Johnson v. Computing Scale Co. (C.C.) 139 F. 339, it was said that--
'Where the amount claimed by a plaintiff in his complaint in a state court, and which he is entitled to recover if its allegations are true, is sufficient to give a federal court jurisdiction and the cause is otherwise removable, he cannot defeat such jurisdiction after removal by changing his position or the record with respect to the amount claimed.'
The claim as made, and standing on the record of the case at the time the removal is effected, is what determines the jurisdiction of the United States court; the other jurisdictional facts existing. Hayward v. Nordberg Manufacturing Co., 85 F. 4, 29 C.C.A. 438; Riggs v Clark, 71 F. 560, 18 C.C.A. 242.
This motion to remand, after the case had been removed to this court and the plaintiff had filed an amendment reducing the amount sued for below $2,000, exclusive of interest and costs, was submitted to District Judge Youmans, assigned to this district, and the same was by him overruled. The motion to remand is now renewed by the plaintiff, and the same is overruled.
The lease on which this action is based contains several paragraphs, as follows:
(2) 'If oil be found in paying quantities upon said premises, the second party (lessee) agrees to deliver to first parties (lessor) in the pipe lines, with which he may connect the well or wells, the one-eighth part of all the produced or saved from said premises.'
(3) 'The party of the second part (lessee) agrees to pay in yearly payments in advance $200 on each gas-producing well, from which gas is transported or used off the leased premises, the said payment to be made direct to the first (lessor) parties or deposited to their credit in the bank aforesaid.'
(4)
(5) 'The party of the second part shall have the right to use casing head gas from the wells of this lease for the...
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St Paul Mercury Indemnity Co v. Red Cab Co
...F. 661; Bernheim v. Louisville Property Co., D.C., 221 F. 273; Jellison v. Krell Piano Co., D.C., 246 F. 509; Twin Hills Gasoline Co. v. Bradford Oil Corporation, D.C., 264 F. 440; Kane v. Reserve Oil Corporation, D.C., 52 F.2d 972; Travelers' Protective Ass'n v. Smith, 4 Cir., 71 F.2d 511;......
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Love Petroleum Co. v. Atlantic Oil Producing Co.
... ... sec. 241; Elliott on Contracts, sec. 1537; Twin Hills Gas ... Co. v. Bradford Oil Corporation, 264 F. 440; ... Lanyon, 72 P. 784; ... Link v. States Oil Corp., 229 S.W. 693; Thuss Texas ... Oil & Gas, sec. 58, p. 83; ... ...
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Northern Natural Gas Company v. Grounds
...casinghead gas did not constitute oil upon which a royalty was payable. A different result was reached in Twin Hills Gasoline Co. v. Bradford Oil Corp., 264 F. 440 (E.D.Okl.1919), wherein the lease provided separately for royalty on oil and a yearly payment of $200 on each gas-producing wel......
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GENERAL PETROLEUM CORPORATION v. United States
..."The Witness: That is right." (Italics added.) On the basis of testimony before him, Judge Williams in Twin Hills Gasoline Co. v. Bradford Oil Corp., D.C.Okl.1919, 264 F. 440, 441, arrived at a similar conclusion: "that wet gas exists only with oil. Therefore, casing-head gas is a component......